Judge says New York's stun gun ban is unconstitutional

ALBANY, N.Y. (AP) — New York state's ban on personal ownership of stun guns is unconstitutional, a federal judge ruled today in the latest in a series of court decisions that have led to the loosening of restrictions on the weapons in several states.

The decision came in a lawsuit filed by Matthew Avitabile, of Schoharie County, N.Y., who said he wanted to buy a stun gun for self-defense in his rural upstate home.

His lawyers argued New York's long-standing ban on civilian ownership of stun guns violated the Second Amendment right to bear arms. U.S. District Judge David Hurd agreed.

"New York's sweeping prohibition on the possession and use of tasers and stun guns by all citizens for all purposes, even for self-defense in one's own home, must be declared unconstitutional," JudgeHurd wrote in his decision.

The lawsuit named the superintendent of the state police, the agency that enforces New York's weapons laws. New York attorney general's office, which defends the state in lawsuits, referred questions to state police or Democratic Gov. Andrew Cuomo's office. Cuomo adviser Richard Azzopardi said state lawyers are reviewing the decision and that the governor is reserving comment.